Project Architecture Pty Limited v Peter's of Kensington Pty Limited [2008] NSWDC 24

New South Wales District Court

CITATION: Project Architecture Pty Limited v Peter's of Kensington Pty Limited [2008] NSWDC 24

HEARING DATE(S): 14 February 2008

JUDGMENT DATE: 5 March 2008

JURISDICTION: Civil

JUDGMENT OF: Rolfe DCJ

DECISION: See paragraph 22 of Judgment

CATCHWORDS: Claim under Building and Construction Industry Security of Payment Act 1999 - Application for Summary Judgment - Relevant principles - Whether triable issue of fact or law had been disclosed - Whether party raising triable issue of fact required to cross-examine opposing party

LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999

General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Dey v Victorian Railway Commissioners (1949) 78 CLR 62 CASES CITED: Sidebottom v Cureton (1937) 54 WN (NSW) 88 Cloverdell Lumber Co Pty Ltd v Abbott (1924) 34 CLR 122 at 133 Seymour v Australian Broadcasting Commission (1990) 19 NSWLR 219 at 224-225 Stern v National Australia Bank Limited (2001) 171 ALR 192

PARTIES: Project Architecture Pty Limited (Plaintiff) Peter's of Kensington Pty Limited ( Defendant)

FILE NUMBER(S): 4142/07

COUNSEL: I G Roberts (Plaintiff) F Corsaro SC with D W Rayment (Defendant)

JUDGMENT

1 The plaintiff, Project Architecture Pty Limited, provides architectural services. The defendant, Peter's of Kensington Pty Limited, owns and operates the retail shop known as "Peter's of Kensington" at 57 Anzac Parade Kensington (the "Shop").

2 The plaintiff commenced these proceedings when it filed its Statement of Claim on 19 September 2007. An Amended Statement of Claim was filed in Court on 14 February 2008.